BILL NUMBER: AB 170	CHAPTERED  10/10/99

	CHAPTER   818
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   JUNE 2, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Assembly Member Firebaugh

                        JANUARY 15, 1999

   An act to add Section 5273.5 to the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 170, Firebaugh.  Outdoor advertising:  redevelopment districts.

   The Outdoor Advertising Act regulates the placement of advertising
displays along highways.  The act exempts from its provisions
certain advertising displays that advertise the business conducted or
services rendered or goods produced or sold on the property upon
which the display is placed, as specified, except provisions
governing licenses and imposing regulations.  The act provides an
exemption from specified display restrictions for advertising
displays that advertise businesses and activities developed within
the boundary limits of, or as part of, an individual redevelopment
agency project by authorizing those displays to be considered, with
the consent of the redevelopment agency governing the project, as
being on premises anywhere within the limits of the project, as
specified.  The exemption is conditioned on, among other things, all
of the land in the project being contiguous or separated only by a
public highway or public facilities developed or relocated for
inclusion within the project as a part of the original redevelopment
plan.
   This bill would, notwithstanding those provisions, for the City of
Buena Park in Orange County, the Cities of Commerce, Covina, and
South Gate in Los Angeles County, and the City of Victorville in San
Bernardino County, extend the exemption for redevelopment agency
projects to include more than one of the agency's project area or
areas, would exempt the display as being on premises if it is
anywhere within the legal boundaries of the redevelopment agency's
project area or areas, instead of within the limits of the project,
and would delete the condition that all of the land in the project be
contiguous or separated only by a public highway or public
facilities.
   The bill would require the governing body of a redevelopment
agency within these cities, upon approving the purchase, lease, or
other authorization for the erection of an advertising display, to
prepare, adopt, and submit to the department an application for the
issuance of a permit that, at a minimum, includes a finding that the
advertising display would not result in a concentration of displays
that will have a negative impact on the safety or aesthetic quality
of the community.  The bill also would authorize the department to
deny the application only if the proposed structure would violate
specified provisions of law, or if the display would cause a
reduction in federal-aid highway funds.
   This bill would make certain findings and declarations regarding
the inapplicability of a general statute within the meaning of
Section 16 of Article IV of the California Constitution.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Outdoor Advertising Act (Chapter 2 (commencing with
Section 5200) of Division 3 of the Business and Professions Code)
regulates the placement of advertising displays along highways and
provides limited exemptions from its provisions.
   (b) Section 5273 of the Business and Professions Code provides a
limited exemption from the act by authorizing a city to advertise a
redevelopment project with a sign located adjacent to a highway, but
only if the sign is located within the boundary limits of the
redevelopment project and advertises a single redevelopment project
that is located in one contiguous area.
   (c) The practical effect of Section 5273 of the Business and
Professions Code is that its exemption is limited to cities that have
a project that is located adjacent to a highway.
   (d) Certain cities have from two to five different redevelopment
projects that usually are not located in one contiguous area, and
have redevelopment projects that are not located adjacent to a
highway.
   (e) Accordingly, a provision should be added to the Business and
Professions Code to authorize certain cities to use the same sign to
advertise all redevelopment projects that are within that city,
regardless of whether the projects are contiguous to each other or
are located adjacent to a highway.
  SEC. 2.  Section 5273.5 is added to the Business and Professions
Code, to read:
   5273.5.  (a) Notwithstanding Section 5273, for the purposes of
this chapter, in the City of Buena Park in Orange County, the Cities
of Commerce, Covina, and South Gate in Los Angeles County, and the
City of Victorville in San Bernardino County, advertising displays
advertising those businesses and activities developed within the
boundary limits of, and as a part of, any redevelopment agency
project  area or areas may, with the consent of the redevelopment
agency governing the project area, be considered to be on the
premises anywhere within the legal boundaries of the redevelopment
agency's project area or areas for a period not to exceed 10 years or
the completion of the project, whichever occurs  first, after which
Sections 5272 and 5405 apply, unless an arrangement has been made for
extension of the period between the redevelopment agency and the
department for good cause.
   (b) The governing body of a redevelopment agency in the cities set
forth in subdivision (a), upon approving the purchase, lease, or
other authorization for the erection of an advertising display
pursuant to this section, shall prepare, adopt, and submit to the
department an application for the issuance of a permit that, at a
minimum, includes a finding that the advertising display would not
result in a concentration of displays that will have a negative
impact on the safety or aesthetic quality of the community.  The
department shall only deny the application if the proposed structure
violates Sections 5400 to 5405, inclusive, or subdivision (d) of
Section 5408, or if the display would cause a reduction in
federal-aid highway funds as provided in Section 131 of Title 23 of
the United States Code.
  SEC. 3.  Due to the unique circumstances concerning the location of
redevelopment projects in the City of Buena Park in Orange County,
the Cities of Commerce, Covina, and South Gate in Los Angeles County,
and the City of Victorville in San Bernardino County, in relation to
the nearest highway, and the need to advertise these projects, it is
necessary that an exemption from the Outdoor Advertising Act be
provided for those projects, and the Legislature finds and declares
that a general statute cannot be made applicable within the meaning
of Section 16 of Article IV of the California Constitution.
